Besides the foregoing, also, in Colorado, Secretaries of State; in Delaware, Mayors of cities; in Illinois, Justices of the Peace, Commissioners of Deeds, and Mayors of cities; in Kentucky, Secretaries of State; in Michigan and Wisconsin, Master in Chancery; in New Jersey, New York, North Carolina, Pennsylvania, and Rhode Island, Mayors and Chief Magistrates of cities. Without the United States.-Judges of Courts of Record, Mayors or Chief Magistrates of cities, towns, boroughs, counties, Notaries Public, Diplomatic, Consular, or Commercial Agents of the United States resident and accredited in the country where the acknowledgment is taken. (See Deeds.)

Form of Single Grantor's Acknowledgment

I, William Mann, a notary public for and within said county, in the State aforesaid, do hereby certify that Andrew Field, personally known to me as the real person whose name is subscribed to the foregoing deed as having executed the same, appeared before me in person and acknowledged that he signed, sealed, and delivered the said instrument of writing as his free and voluntary act, for the uses and purposes therein set forth.

Given under my hand and seal of office, this second day of June, A. D. 1911. WILLIAM MANN, Notary Public.

[NOTARIAL SEAL.]

Acknowledgment by Husband and Wife

}

STATE OF OHIO, County of Franklin, Š

88.

Before me, Everett Howe, a notary public for and within said county. in the State aforesaid, appeared the above named Charles Kendall, and Susan Kendall, his wife, both personally known to me as the real persons whose names are subscribed to the within conveyance, as having executed the same, and acknowledged that they signed, sealed, and delivered the same for purposes therein mentioned.

And the said Susan Kendall, having been by me examined, separate and apart, and out of hearing of her husband, acknowledged that she executed the same freely, and without any fear or compulsion of her said husband. Given under my hand and seal of office, this fifteenth day of January, A. D. 1911. EVERETT HOWE, Notary Public,

[NOTARIAL SEAL.]

AFFIDAVITS

An Affidavit is a statement made under oath (or affirmation) before an authorized official, and signed by the person making it. For What Used.-In judicial proceedings, except for trial of causes, affidavits are the usual means of presenting evidence to the court, and are most frequently used to support or oppose the numerous applications for orders, known as motions.

No Particular Form is prescribed by law, but the affidavit must specify the State and county in which it is made, so as to show that the officer who administered the oath had authority to do so. - The Statement should be confined to facts within the actual knowledge of the person making the affidavit, or when made on information and belief, that fact should be stated.

Jurat.-The officer taking the affidavit affixes a clause called the jurat, certifying the time and fact of the oath.

Who may Take.-Judges, Justices of the Peace, Commissioners of Deeds, Notaries Public, and other and similar officers have authority to take affidavits.

General form of Affidavit

STATE OF PENNSYLVANIA,

Allegheny County, City of Pittsburg,

88.

Bernard Beckman, being duly sworn, deposes and says (or alleges and says): That (Here set out in full and accurate language the matters to be alleged.)

[SEAL]
BERNARD BECKMAN.
Sworn (or affirmed) before me, this fifteenth day of January, A. D. 1911.
JOHN WELLNER,

Justice of the Peace.

(If the affiant is unable to read, the subscription should be as follows:) Subscribed and sworn to before me, this day of ➖➖➖, A. D. 19—, the same having been by me (or in my presence) read to this affiant, he being illiterate (or blind), and understanding the same.

(Officer's signature and title.)

Affidavit to Accounts

STATE OF ILLINOIS, SS.
County of Cook,

Franklin Gage, of Chicago, in said County and State, being duly sworn, deposes and says: That the above account, as stated, is just and true.

That the above sum of Fifty Dollars is now justly due and owing to this deponent by the above named James Higgins.

That he, the said Francis Gage, has never received the same or any part thereof, either directly or indirectly, nor any person for nim, by his direction or order, knowledge or consent. FRANKLIN GAGE.

Sworn and subscribed before me, this ninth day of June, A. D. 1911

MICHAEL SWANN,
Justice of the Peace.

Affidavit to Declaration or Petition

STATE OF ILLINOIS,

County of Sangamon, S

ss.

Abel Jones, being duly sworn, says: That the facts set forth in the foregoing declaration (or petition) are true.

ABEL JONES.

Subscribed and sworn to before me this tenth day of June, A. D. 1911.

ISAAC MYERS, Justice of the Peace.

yers, auctioneers, etc., is some sort of an agency. Corporations act wholly by means of agents, viz.: their officers, clerks, etc. Who May Act as Principal or Agent.-Any one who is competent to do business for himself may act as principal, and appoint an agent to transact it for him. Persons who cannot do business for themselves may, however, be appointed to act as agents. Therefore minors and married women may act as agents.

A General Agent is one authorized to represent his principal in all his business of one particular branch.

A Special Agent is one appointed to a particular thing only, or a few particular things.

How Appointed.-An agent's authority may be given orally or by writing; no particular form of words is necessary. In important matters, the agent is often appointed by a written instrument which is called a power of attorney. When thus authorized under seal, an agent can sign deeds, or other conveyances of real estate or sealed instruments.

Extent of Authority.-The employing of an agent is the act which gives him his authority. An agent has authority to do whatever is necessary or generally done in connection with the purposes for which he is employed. Some employments give very wide latitude of power, and leave very much to the discretion of the agent; others give a very limited authority. Thus any act of the president or cashier of a bank in connection with its banking business binds the bank, while a messenger would have authority only to carry a message.

Liability of Principal. The principal is responsible for the acts of his agent committed in the execution of the agency and which are within the real or apparent scope of the principal's business. A distinction is here made between a special and a general agent. If a special agent exceeds or disobeys his instructions the principal is not liable; but if a general agent exceeds his authority the principal will be bound, if the act is within the apparent scope of an agent's authority, when it is such an act as is natural and usual in transacting business of that kind. By appointing him to do that business, the principal is considered as saying to the world that his agent has all the authority necessary to transact it in the usual way. For any criminal act, however, of the agent, the principal is not responsible unless he directly commands him to commit it.

Wrongful Acts of Agents.-As to wrongs and injuries, or torts, as they are called in law, the general rule is that the principal is

liable to third persons for the wrongful acts of the agent when acting within the scope of his agency. But this does not relieve the agent of personal liability himself.

The Agent's Liability.-1. To his Principal. An agent is bound in transacting the affairs of his principal to exercise all the care which a reasonable man would exercise in his own, and to the utmost good faith. For any loss to the principal through neglect or unfaithfulness, the agent is liable to him. 2. To the Third Party. If an agent conceals his character as an agent, or transcends his authority, or otherwise so conducts himself as to make his principal responsible, or if he expressly binds himself in any way, he is himself liable to the third party.

Accounting. The principal may call his agent to an account at any time, and may recover full indemnity for all injuries sustained by reason of the positive misconduct or negligence of the agent, or by his transcending his authority. An agent is not liable to his principal for not accounting until demand, which demand should be made at his residence, and sufficient opportunity given him for payment.

Compensation.—As against the principal, an agent is entitled to compensation for his services, and reimbursement for the expenses of his agency, and for personal loss or damage in prop. erly transacting the business thereof.

Sub-Agents.-An agent may himself appoint another agent and act through him. Such a person is called a sub-agent, and is responsible to him who has appointed him, as his principal. In most commercial transactions sub-agents may be employed.

In Whose Name the Business is Done.-All business should be transacted and money deposited in the name of the principal. If an agent deposits money in his own name and the bank fails he is responsible for the loss.

Mixing Property.-If an agent mixes his own property with that of his principal, so that it cannot be identified, it will all belong to the principal.

Responsibility to Third Party.-Ordinarily a person can only be responsible for his own acts, but an agent's act is really considered as that of his principal. Therefore the rule is that the principal is responsible for the acts of his agent. The principal is bound even though he was unknown at the time the act was done, because he is supposed to derive the benefit of the same. Ratification.-If a principal ratifies an act done, he is bound by it, whether he had given the agent authority or not. Subse